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Pre Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Pre Separation Agreement

"I need a Pre-Separation Agreement under Irish law for a couple with three minor children, substantial international assets, and shared business interests, with the separation planned to take effect from March 2025."

Document background
The Pre-Separation Agreement serves as a crucial preliminary document for married couples in Ireland who are contemplating separation but have not yet initiated formal legal proceedings. This document is particularly valuable when parties wish to establish clear terms of their separation while maintaining flexibility for future arrangements. It typically includes comprehensive provisions regarding property division, financial arrangements, child custody, maintenance payments, and living arrangements. While not automatically binding in Irish courts, a Pre-Separation Agreement can significantly influence subsequent legal proceedings and demonstrates the parties' initial intentions. The document must align with Irish family law principles, including the Judicial Separation and Family Law Reform Act 1989, the Family Law Act 1995, and other relevant legislation. It's often used as a stepping stone towards formal separation or divorce proceedings and can help reduce future disputes by clearly documenting agreed terms.
Suggested Sections

1. Parties: Full legal names and addresses of both spouses

2. Background: Brief history of the marriage, current living situation, and reason for separation agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Living Arrangements: Details of who will live where, including any arrangements for the family home

5. Financial Arrangements: Overview of how current accounts, savings, and debts will be handled

6. Maintenance Provisions: Details of any maintenance payments between spouses

7. Children Arrangements: Custody, access, and living arrangements for children

8. Child Maintenance: Financial arrangements for supporting children

9. Property Division: Division of family home and other property assets

10. Confidentiality: Terms regarding privacy and confidentiality of the agreement

11. Future Divorce Proceedings: Agreement on how this document will be treated in any future divorce

12. Governing Law: Confirmation that the agreement is governed by Irish law

13. Variation: Process for making changes to the agreement

14. Severability: Clause ensuring rest of agreement remains valid if part is found unenforceable

Optional Sections

1. Pension Arrangements: Required when either party has pension assets to be divided

2. Business Interests: Required when either party owns or has interests in business ventures

3. Inheritance Rights: Used when parties wish to address future inheritance matters

4. International Assets: Required when parties have assets in other jurisdictions

5. Education Costs: Used when there are specific arrangements for children's education

6. Medical Insurance: Required when addressing ongoing medical insurance arrangements

7. Pets: Used when arrangements need to be made for family pets

8. Tax Arrangements: Required when specific tax planning is needed

9. Religious Obligations: Used when religious aspects need to be addressed

10. Domestic Violence Provisions: Required when there is a history of domestic violence

Suggested Schedules

1. Schedule 1: Assets and Liabilities: Comprehensive list of all assets and liabilities of both parties

2. Schedule 2: Property Details: Detailed information about all properties owned, including the family home

3. Schedule 3: Children's Information: Details of children, including birth certificates and specific needs

4. Schedule 4: Financial Disclosure: Detailed financial information from both parties

5. Schedule 5: Maintenance Calculations: Detailed breakdown of how maintenance payments were calculated

6. Appendix A: Contact Schedule: Detailed schedule for child access and contact arrangements

7. Appendix B: Holiday Schedule: Schedule for holidays and special occasions with children

8. Appendix C: Personal Effects: List of personal items and their agreed distribution

9. Appendix D: Agreed Valuations: Professional valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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